The hit and run money has not been paid yet, what should I do if the person dies

The traffic management department of the public security organ shall, in accordance with the jurisdiction of the area and road conditions, formulate a traffic hit-and-run case investigation plan. After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall, on the basis of the parties' statements, witness testimony, traces of the traffic accident scene, remnants and other clues, promptly initiate the investigation plan, and arrange for interception and investigation.

Regulations on Procedures for Handling Road Traffic Accidents

Section 3: Traffic hit-and-run investigations.

Article 32.

The traffic management department of the public security organ shall, in accordance with the jurisdiction of the area and road conditions, formulate a traffic hit-and-run case investigation plan.

After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall, on the basis of the parties' statements, witness testimony, traces of the traffic accident scene, remnants and other clues, promptly initiate the investigation plan, and arrange for interception and investigation.

Article 33.

The traffic management department of the public security organ at the place where the crime occurred may request assistance in the investigation and report of the traffic hit-and-run vehicle or detect clues through means such as issuing a notice of investigation and making an announcement to the public. When issuing a notice of assistance in the investigation or making an announcement to the public, the basic facts of the traffic hit-and-run case, the circumstances and characteristics of the traffic hit-and-run vehicle, and the direction of the escape shall be provided.

Article 34.

The traffic management department of the public security organ that receives the notification of the investigation shall immediately arrange for interception or investigation. Where a traffic hit-and-run vehicle or a suspect vehicle is discovered, it shall be detained, and the person involved in the traffic hit-and-run or the suspect consistent with the investigation report shall be summoned in accordance with law, and the traffic management department of the public security organ at the place where the case occurred shall be promptly notified of the relevant circumstances. The traffic management department of the public security organ at the place where the crime occurred shall immediately dispatch traffic police to handle the handover.

Article 35.

After the traffic management department of the public security organ seizes the traffic hit-and-run vehicle, it shall issue a notice of revocation of the investigation in accordance with the original scope.

Article 36.

During the investigation and handling of traffic hit-and-run cases by the traffic management department of the public security organ, if the victim of the traffic hit-and-run case and his family members inquire about the investigation and handling of the case by the traffic management department of the public security organ, the traffic management department of the public security organ shall inform him.

Is it the death of one of the parties who caused the incident, or.

1. If a person dies due to a traffic accident, if the driver who caused the accident does not bear the main or full responsibility for the accident, it does not constitute the crime of causing a traffic accident, has no criminal responsibility, and will not be sentenced.

2. If the crime of causing a traffic accident is constituted, the driver who caused the traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

3. According to the law, if the driver who caused the accident compensated the family of the deceased, he could be lenient in accordance with the law when sentencing; However, if there is no compensation, the sentence should still be based on the specific circumstances of the crime, and the punishment cannot be increased or heavier because there is no compensation.

Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 2 In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses of the victim in the road traffic accident, part or all the rescue expenses of the ambush shall be paid in advance by the rescue, and the rescue management agency has the right to recover from the person responsible for the road traffic accident:

1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability;

2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability;

3) Fleeing after a motor vehicle accident.

Legal analysis: If you have no money to compensate for the death of a hit-and-run accident, you can apply for social assistance for road traffic accidents** for advance payment. The state has set up a basic fiber bend fund for social assistance for road traffic accidents.

When there is one of the statutory circumstances of destruction and depression, the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue.

Legal basis: Article 24 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 24 The State shall establish social assistance for road traffic accidents**. In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the management agency shall have the right to recover from the person responsible for the road traffic accident

1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability; 2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; 3) Fleeing after a motor vehicle accident.

If you have no money to compensate for the death caused by a hit-and-run, you can apply for social assistance for road traffic accidents** to pay in advance. Article 24 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability: The State shall establish social assistance for road traffic accidents**.

In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; 2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; 3) Fleeing after a motor vehicle accident.

Whether the traffic hit-and-run accident death insurance is compensated.

According to the relevant provisions of China's Civil Code, as long as the compulsory traffic insurance of the family year traffic hit-and-run must be compensated, regardless of whether the person is dead or not.

Article 1216 of the Civil Code of the People's Republic of China: If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limit of liability of the compulsory insurance of the motor vehicle; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance ** shall pay in advance. After the social assistance for road traffic accidents** is paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.

How to punish a traffic accident that causes death and escape.

Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of an accident without authorization at the same time as a traffic accident, so that the civil, criminal, and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk or escape responsibility.

Article 133 of the Criminal Law is the crime of causing a traffic accident.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis:

How to deal with the death of a hit-and-run accident without compensation: if the motor vehicle participates in compulsory insurance, the insurer shall compensate within the scope of the liability limit of the compulsory insurance of the motor vehicle; If the motor vehicle is unknown, the motor vehicle does not participate in compulsory insurance, or the rescue expenses exceed the liability limit of compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid in advance.

Legal basis] Article 1216 of the Civil Code of the People's Republic of China.

If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limit of liability of the compulsory insurance of the motor vehicle; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.

1. After a traffic hit-and-run causes death, and the perpetrator has no money to compensate, it is a civil dispute, and the victim's relatives may handle it in accordance with the following circumstances:

1) The victim's relatives may initiate a civil lawsuit attached to the criminal case, and may demand that the obligor who bears the liability for compensation bear civil liability for compensation;

2) If, after compulsory enforcement by the court, the person subject to enforcement is unable to bear the liability for compensation, after the court concludes the enforcement procedure, if the victim's relatives find that the person subject to enforcement has property available for enforcement, they may apply for enforcement again at any time.

2. Legal basis: Article 175 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.

Where victims suffer material losses as a result of a crime where their personal rights are violated or their property is destroyed by criminals, they have the right to initiate attached civil litigation in the course of criminal proceedings; Where the victim dies or loses capacity, his legally-designated person or close relatives have the right to initiate an attached civil lawsuit.

Article 519 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.

If no property is found to be available for enforcement after the property investigation, a ruling may be made to terminate the enforcement procedure after the person applying for enforcement signs and confirms it or the enforcing court forms a collegial panel to review and verify it and is approved by the court president.

After enforcement is terminated in accordance with the provisions of the preceding paragraph, if the person applying for enforcement discovers that the person subject to enforcement has property that can be used for enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.

1. What are the requirements for the determination of death caused by a traffic hit-and-run?

According to the definition of this article, "death due to escape" refers to the practice of the perpetrator in the event of a traffic accident, in order to escape legal prosecution, not to rescue the victim, but to flee the scene of the accident and abandon the victim, resulting in the victim's death due to the lack of assistance from Nai. To constitute "death by fleeing", the following requirements must be met:

1) A traffic accident has occurred, which is the premise.

2) The practitioner has the practice of fleeing from the scene of the accident. That is, the practice of leaving the scene of a traffic accident after a traffic accident occurs.

3) The practitioner subjectively has the intention to evade legal prosecution. That is, when the perpetrator leaves the scene of the traffic accident, he subjectively has the purpose of evading legal prosecution.

4) Consequences that objectively lead to the victim's death.

5) There is a causal relationship between the actor's escape and the victim's death, that is, the actor's escape caused the defendant to die because he failed to receive timely rescue.

If you have no money to compensate for the death caused by a hit-and-run, you can apply for social assistance for road traffic accidents** to pay in advance. Article 24 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability: The State shall establish social assistance for road traffic accidents**.

In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability; 2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Motorizing and driving cautiously to cause an accident and then fleeing.

Article 1216 of the Civil Code of the People's Republic of China Where a driver of a motor vehicle escapes after a traffic accident, and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limits of the liability of the compulsory insurance of the motor vehicle; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.